The mark was first used anywhere in a different form other than that sought to be registered at least as early as 03/01/2009
The mark was first used in commerce in a different form other than that sought to be registered at least as early as 03/01/2009
The color(s) purple, white, green, light green, dark green, light blue, yellow, orange, and red is/are claimed as a feature of the mark.
"GOURMET HAWAIIAN SHAVE ICE"
The mark consists of a dome of shaved ice with wedges of color representing the following different colors of shaved ice syrup from right to left: light blue, light green, yellow, orange, and red. The dome of shaved ice is on a green and dark green cup. The cup of shaved ice is outlined in white and centered in a purple circle. The stylized word "ULULANI'S" is purple with white outlining and appears above the circle and has a purple flower to its right and a purple flower to its left. The stylized words "HAWAIIAN SHAVE ICE" are purple with white outlining and are to the right of the circle. A purple flower is positioned to the right of the word "HAWAIIAN". The first letter in each word of "HAWAIIAN SHAVE" overlap the right side of the circle. The stylized word "GOURMET" is purple and is above the word "HAWAIIAN". The stylized words ""ALL SHAVE ICE IS NOT CREATED EQUAL"" are purple and are below the words "HAWAIIAN SHAVE ICE". All of the foregoing appears on a light blue rectangular background.
The English translation of "ULULANI'S" in the mark is "DIVINE INSPIRATION".